Monday, July 01, 2013

Back when Pamela and Robert Champion, Sr. announced their
decision to sue the Rosen Plaza hotel for their son's hazing death aboard a
parked bus, the reactions among news website visitors ranged from laughter to
shock.

Commenters ask if the company that made the band instruments will be the next to be sued

Many of the commenters in response forums sarcastically asked
who the Champions would sue next. Some guessed that future defendants would
include the contractors who paved the I-75 interstate the bus used to travel
from Tallahassee to Orlando. Other commenters said they thought the Champions
would soon seek damages from the businesses that made the band uniforms and
instruments.

The explanation Champion's parents gave for their
lawsuit against Rosen provided even more fodder for such jokes.

According to the Orlando Sentinel: "The Champion family’s
lawyer claims that Rosen's operators and its security team should have known
that a hazing was reasonably likely to occur on the premises. The lawsuit
alleges that marching band members were involved in a hazing on the hotel's
18th floor about six months earlier — an incident that led to the suspension of
30 members of the Marching 100. The suit, which previously accused FAMU, the
bus company and its driver of allowing the hazing to take place, alleges that
the parking lot was dimly lit, lacked security and surveillance cameras which
could have deterred the hazing."

Rosen Plaza hotel could be a more profitable target than FAMU

The criminal investigation by the Orange County Sheriff's
Office found that Robert Champion, Jr., a 26-year old student, "willingly participated" in the "Crossing Bus C" ritual that left him dead.

The absence of
parking lot security guards and surveillance cameras didn't force any student
to consent to hazing on November 19, 2011. But it might not matter in the end because Rosen
could just offer a settlement in order to make the bad publicity go away. Civil
lawsuits based on flimsy accusations often count on the defendants to be scared
into agreeing to a quick financial resolution.

Rosen has the potential to be a much more profitable target than FAMU. The sovereign immunity law of Florida limits FAMU's civil payouts to $300,000. Anything that goes above that amount must be appropriated through a claims bill in the Florida Legislature. But most Florida lawmakers have shown very little interest in approving claims bills for student deaths in the State University System.

There is no sovereign immunity protection for Rosen. It would be forced to pay the full amount of any civil settlement or award immediately.

So it is ironic that the Champions are now accusing FAMU of
lifting the Marching 100’s suspension out of a desire for money.

"When you look at the history, their decision in putting the
band on the field knowing years after years of what -- the problems they had in
the band, they took the steps of putting the band on the field anyway for the
dollar, so you really have to -- there is no other way to think about the fact
that you are putting dollar value over student’s value," Pamela Champion said.

Champion, Sr. said much of the same. "They are putting
dollars over the students," he told reporters.

Tisdale case shows how evidence of personal negligence can end hopes for a big civil payment

The Champions claim that FAMU placed monetary concerns over
student safety even as they continue to deny the evidence that their son voluntarily
participated in hazing. What is the reason for this?

Maybe they think it would be hard to win a civil damages
verdict against FAMU if they admitted that their son knowingly worked against the
university's efforts to enforce the anti-hazing rules meant to protect him. Maybe
they also believe such an admission would lessen the likelihood of a large
settlement offer from the Rosen Plaza hotel.

Champion's parents would be justified in having such
concerns after the outcome of another recent transportation-related civil
lawsuit that was handled by their attorney, Christopher Chestnut. The family of
deceased teenager Delvonte Tisdale, who was suspected of sneaking
into the wheel well of a US Airways airplane in Charlotte, hired Chestnut to
handle their civil lawsuits.

A judge dismissed the Tisdale family's lawsuits
against US Airways, the city of Charlotte, and the Charlotte-Douglas International
Airport. He shot down Chestnut's arguments by saying, in part, that "by allegedly entering a secured area and
climbing into the wheel well, Mr. Tisdale was himself negligent."

By continuing to deny the evidence that their son asked to participate in the violent "Crossing Bus C" ritual, the Champions seem more interested in seeking civil case dollars than using this unfortunate tragedy to teach students the importance of saying no to voluntary hazing. That is "putting dollars over the students."

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